Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mango Boulevard Pty Ltd v Whitton; In the matter of Spencer (Bankrupt) (No 2) [2011] FCA 845 Citation: Mango Boulevard Pty Ltd v Whitton; In the matter of Spencer (Bankrupt) (No 2) [2011] FCA 845
Parties: MANGO BOULEVARD PTY LTD ACN 101 544 601 and BMD HOLDINGS PTY LIMITED ACN 010 093 349 v ROBERT WILLIAM WHITTON, RICHARD WILLIAM SPENCER and SILVANA PEROVICH
File number: VID 1183 of 2010
Judge: LOGAN J
Date of judgment: 28 July 2011
Catchwords: COSTS – bankruptcy – application for directions by trustee – whether trustee ought to have his costs paid out of funds held by him for the calling of a meeting of creditors – where trustee's application to the court was reasonable – where need for directions arose from instruction of principal proceeding - order for costs reserved to the discretion of the trial judge COSTS – costs of interlocutory proceeding – application that costs be paid forthwith – circumstances in which order for costs to be paid forthwith may be made – where applicant had costs awarded against it in respect of transfer application – where bankruptcy jurisdiction is exercised in national court – order would cause injustice – order not made
Legislation: Bankruptcy Act 1966 (Cth) ss 32, 73, 134 Federal Court Rules (Cth) O 62 r 3(2) O 62 r 3(3) Federal Court (Bankruptcy) Rules 2005 (Cth) r 13.01(1) Trusts Act 1973 (Qld) s 96
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